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Final Rule Summary

EPA is finalizing revisions to the Wastewater Treatment Exemptions for
Hazardous Waste Mixtures, also known as the "Headworks Rule,"
originally proposed on April 8, 2003. The Headworks
Rule:

finalizes the addition of benzene and 2-ethoxyethanol to the list
of solvents whose mixtures with wastewaters are exempted from the definition
of hazardous waste,

exempts scrubber waters derived from the combustion of any of the
exempted solvents,

adds an option to allow generators to directly measure solvent chemical
levels at the headworks of the wastewater treatment system to determine
whether the wastewater mixture is exempt from the definition of hazardous
waste, and

extends the eligibility for the de minimis exemption to other
listed hazardous wastes (beyond discarded commercial chemical products)
and to non-manufacturing facilities.

This rule is effective 30 days after publication in the Federal Register.

Proposed Rule - April 8, 2003

The Environmental Protection Agency is proposing to add benzene and 2-ethoxyethanol
to the list of solvents whose mixtures with wastewater are exempted from
the definition of hazardous waste under the Resource Conservation and
Recovery Act (RCRA). The Agency studied two other solvents, 1,1,2-trichloroethane
and 2-nitropropane, and is not proposing to add them to the current exemption.

The Agency also is proposing to provide flexibility in the way compliance
with the rule is determined by adding the option of directly measuring
solvent chemical levels at the headworks of the wastewater treatment system
to the current requirements. Finally, the Agency is proposing to make
additional listed hazardous wastes (beyond discarded commercial chemical
products) eligible for the de minimis exemption, as well as adding non-manufacturing
facilities to those that qualify for this exemption if certain conditions
are met.